Karnataka High Court
Shri. Ravi S/O Yankappa Talawar vs Danayya S/O Basaningayya Hiremath on 6 June, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC-D:7375
MFA No. 103459 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 103459 OF 2017 (MV-I)
BETWEEN:
SHRI RAVI S/O YANKAPPA TALAWAR,
AGE: 26 YEARS, OCC: GOUNDI NOW NIL,
R/O: HUNASHIKATTI VILLAGE,
TQ: JAMKHANDI, DIST: BAGALKOT-587 314.
... APPELLANT
(BY SRI. SIDDAPPA S. SAJJAN, ADVOCATE)
AND:
1. DANAYYA S/O BASANINGAYYA HIREMATH,
AGE: 33 YEARS, OCC: BUSINESS,
R/O: BANDIGANI VILLAGE-587 301,
TQ: JAMKHANDI, DIST: BAGALKOT.
2. THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
BRANCH OFFICE, KATAGI BUILDING,
Digitally signed by KACHERI ROAD, JAMKHANDI,
MALLIKARJUN RUDRAYYA DIST: BAGALKOT-587 301.
KALMATH
Location: HIGH COURT OF ... RESPONDENTS
KARNATAKA DHARWAD
BENCH (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R1;
SRI. N.R. KUPPELUR, ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE
THE COMPENSATION AND AWARD COMPENSATION BY MODIFYING
THE JUDGMENT AND AWARD DATED 08.08.2016 PASSED IN MVC
NO.248/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL NO.VI,
AT JAMKHANDI.
THIS APPEAL, COMING ON FOR HEARING-INTERLOCUTORY
APPLICATION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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NC: 2025:KHC-D:7375
MFA No. 103459 of 2017
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR)
Though this appeal is listed for hearing on
interlocutory application, with consent of learned counsel
for the parties, it is taken up for final disposal.
2. This appeal is filed by the claimant/appellant
challenging the judgment and award dated 08.08.2016,
passed by the learned Additional Senior Civil Judge and
Member MACT-VI, Jamkhandi, in MVC No.248/2014
(hereinafter referred to as the 'Tribunal'), seeking
enhancement of compensation.
3. Heard the arguments and perused the material
placed before the Court.
4. The occurrence of accident, injuries sustained
by the claimant, coverage of insurance are not in dispute
in this case.
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HC-KAR
5. In the present case, from the medical evidence
on record it is proved that the claimant had suffered the
following injuries:
"i Fracture shaft humerus left side.
ii. Abrasion wound on left hand elbow."
6. The Tribunal has awarded global compensation
of Rs.1,20,000/- along with interest at the rate of 9% per
annum.
7. Further, the Doctor has stated that the claimant
has suffered 24% permanent physical disability towards
left upper limb. Therefore, taking note of the same, it is
just and proper to re-assess the functional disability of the
claimant at 8% to the whole body, considering that the
claimant is agricultural coolie by profession. Therefore, the
judgment and award requires to be modified by enhancing
the quantum of compensation.
8. Considering the nature of injuries sustained,
compensation awarded by Tribunal is on lesser side.
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HC-KAR
Therefore, the same is required to be enhanced by
modifying the judgment and award.
9. The accident is caused in the year 2013.
Therefore, notional income of Rs.7,000/- per month is
taken into consideration, which is recognized by the
Karnataka State Legal Service Authority. The claimant was
aged 23 years old at the time of accident. Therefore,
appropriate applicabhle multiplier is '18'. Hence, loss of
future income due to disability is hereby reassessed and
quantified as under:
Rs.7,000 x 12 x 18 x 8% = Rs.1,20,960/-
10. Further, the claimant is entitled to
compensation of Rs.40,000/- towards pain and suffering.
As per medical bills, Rs.36,000/- is awarded towards
medical expenses. Further, Rs.10,000/- towards incidental
expenses like food, nourishment, traveling, attendant
charges, etc., and Rs.14,000/- (7,000x2) towards loss of
income during laid up period for a period of three months,
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is awarded. The claimant is entitled for a sum of
Rs.25,000/- towards loss of amenities.
11. Thus, the claimant is entitled for total
compensation under various heads as under:
Sl. Heads. Amount in
No. (Rs.)
1. Towards injuries, pain and 40,000
suffering.
2. Towards medical expenses. 36,000
3. Towards loss of amenities. 25,000
4. Towards loss of income during 14,000
laid up period
5. Towards incidental charges like 10,000
attendant charges, food,
nourishment, conveyance, etc.
6. Towards loss of future earning 1,20,960
capacity.
Total: 2,45,960
12. Therefore, the claimant is entitled for total
compensation of Rs.2,45,960/- along with interest at the
rate of 6% p.a. from the date of filing of the petition till
realization, as against Rs.1,20,000/- awarded by the
Tribunal. The Insurance Company is directed to deposit
the enhanced compensation within eight weeks from the
date of receipt of a certified copy of this judgment.
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HC-KAR
13. The Tribunal has awarded interest on the
compensation at 9% per annum, which is on the higher
side. Considering the rate of interest awarding on the fixed
deposits, this Court is awarding interest at the rate of 6%
per annum.
14. In the result, I proceed to pass the following:
ORDER
i) The appeal is allowed in part.
ii) The judgment and award dated
08.08.2016, passed by the Additional
Senior Civil Judge and Member M.A.C.T.
No.VI, Jamkhandi, in MVC No.248/2014
stands modified.
iii) The claimant is entitled for total
compensation of Rs.2,45,960/- along with
interest at the rate of 6% p.a. from the
date of petition till its realization as against
Rs.1,20,000/- awarded by the Tribunal.
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HC-KAR
iv) The insurance company shall deposit
the enhanced amount within a period of
eight weeks from the date of receipt of a
copy of this judgment.
v) Registry to send a copy of this
judgment to the Trial Court.
vi) Draw award accordingly.
vii) No order as to costs.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
RKM
CT:BCK
